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HomeMy WebLinkAboutpitkin.boa.13.074/10/2014 u Coll -NT Baranek Pitkn County Mail - Baranek Joanna Schaffner < joanna .schaffner @pitkincounty.com> To: john chromy <chromyl6 @gmail.com> Tue, Apr 8, 2014 at 10:37 AM Would you be able to withdraw the Bd of Adjustment application made by Nathan last year on behalf of the Baraneks? Ob\iously, if they do decide to go ahead to the BOA, it will be with a different application. john chromy <chromyl6 @gmail.com> Thu, Apr 10, 2014 at 9:36 AM To: Joanna Schaffner <joanna.schaffner @pitkincounty.com> Cc: Baranek <crystalsunrise @q. corn > Yes, the Baraneks ha\e agreed to with drawl Nathan's application. Is there a refund? I will met with them when they return on May 7th. thanks, john On Tue, Apr 8, 2014 at 10:37 AM, Joanna Schaffner <joanna.schaffner @pitkincounty.com> wrote: Would you be able to withdraw the Bd of Adjustment application made by Nathan last year on behalf of the Baraneks? Ob\iously, if they do decide to go ahead to the BOA, it will be with a different application. John Chromy V111ipple & Brewster 121 SOUTHGALENA,surrE203 ASPEN, COLORADO 81611 000(101 of httos:/ lmail. aoatle. corNmaill ?ui= 2&jk= 81ee80a58c &me Dt& search= inbox& th= 1454233e7b044b86& sim1= 1454233e7b044b86 &sini= 1454c4893ef492c2 1/1 11/15113 Pitim County Mail - BarawkApplication to Board of Adjustment Joanna Schaffner < Joanna .schaffner @pitkincounty.com> Baranek Application to Board of Adjustment 1 message Joanna Schaffner < joanna .schaffner @pitkincounty.com> Fri, Nov 15, 2013 at 11:07 AM To: Nathan Moffatt <hillbuildersinc @gmail.com> Dear Nathan, Last April you submitted an application to the Board of Adjustment for the Baranek fence. At this time, you may withdraw the application and I will refund the application fee and close the file, OR you can withdraw the application for this year, and I will keep the application fee and hold on to the application for six months. If the application does not mo,,e forward within that time, the application will be dead filed. Please update me on the applicant's plans with regard to this application and let me know how you wish to proceed. THANKS 000002 https: // mail. google. condmaiIRui= 2 &ik= 81ee8Ga58c &me pt &search = sent &th= 1425cf24e7bc9Ddl 1/1 Page I of I Joanna Schaffner From: Joanna Schaffner Sent: Friday, April 12, 2013 11:48 AM To: 'Nathan Moffatt' Cc: Joanna Schaffner Subject: My mistake Lance indicated that the Site Plan review won't be done until mid -May, so I've rescheduled you for the June 4 Board of Adjustment meeting. Let me know if you have any questions /issues. I've reviewed the barn application and will email you later about that. Enjoy your weekend. joanna OOC+W 4/12/2013 Joanna Schaffner From: Joanna Schaffner Sent: Tuesday, May 21, 2013 2:39 PM To: Nathan Moffatt (hillbuildersinc @gmail.com) Subject: Baranek fence I heard about the denial of the site plan review. I imagine that negates the need for the Board of Adjustment application. If you email me a request to withdraw, I will refund your application fee. ?? OnCj PITKIN COUNTY BOARD OF ADJUSTMENT Application Form REPRES /ENT/ATIVE h /A" i�1•'1 H °�ATt- PHONE Tj7q 970'F E- MAILY-;/` �i ( el a(g) YIi��, qyv-& i -C OM Wl FAX MAILING ADDRESS 'PC' �'l` 17-F8 � h , w 8(007 PARCEL OWNER141I.eM At'iS71kV'AY7P*AW16,Y► PHONE 615 5E: MAILING ADDRESS 17 85 AY-e` 1M', 'r'1;YyTt*4V CA el "5 LEGAL DESCRIPTION 0Hlauv(-6r,V ATrAUtsV SUBJECT PARCEL ADDRESS 17(o8?J y4wY 133 'I�wor ' 60 syz!! PARCEL ID # 7-"767- ZONE DISTRICT l .07 &X1 (To be completed by Zoning staff) Meeting Date: Case 07;2613 Request: foot Front yard setback variance, where _ feet is required. foot Rear yard setback variance, where feet is required. foot _ Side yard setback variance, where _ feet is required. foot _ Side yard setback variance, where _ feet is required. foot Height variance, where -k— is allowed. ari foot Arterial Highway setback vance, where 200 feet is required. foot Major Road setback variance, where 100 feet is required. foot Collector Street setback variance, where 50 feet is required. Comments: Application material was referred to: Zoning Officer: ��� o To Whom It May Concern, In addition to the attached garage, I am seeking a variance for a barn and shed, neither of which I built, that are on my property. With nothing in the property file, it seems both were built without a permit. The shed has existed on the property since at least 1976, as it appears on a survey from that year. It appears structurally sound and is very useful. The barn was built sometime after 2000. The owners who remodeled the house in 2001, Tom and Nancy Yoder, did get a permit for the house, but built the barn without one to my knowledge. The Yoders signed a seller's disclosure saying there are no violations or setback issues with the property and I can only assume they did not know the rules and didn't think they needed a permit to build the barn. I am hopefully that I can get these past issues resolved, none of which I created, in an effort to make this property better than I found it. Sincerely, Preston Files U00006 J Pitkin County Planning and Zoning 130 South Galena Street Aspen, CO 81611 Location: 17683 Highway 133 Redstone, CO Parcel ID ft: 272917300022 Owner: Milan and Eva Baranek Representative: Nathan Moffatt April 2, 2013 Dear Sir, We are requesting a setback and height variance for an entry gate and decorative fence that has been partially constructed at 17683 Highway 133 in Redstone, CO. The owner did not understand that a variance and permit was necessary for the project. We apologize for the violation and hope that we can come into compliance through this process. In the summer of 2012 the Baraneks removed an old ranch gate and three rail fence at the entry to their property. They began construction of a new gate and fence in approximately the same location as the old gate and fence. The gate and fence have been placed in this location because the access road to their property splits beyond this point. The road to the left goes to the Baranek Residence, the road to the right accesses other Baranek property and grazing on US Forest Service property. The gate and fence was placed at the greatest setback possible to secure these two access roads. The two roads on the property are historic roads. Both roads were in existence prior to the construction of the Baranek Residence. The road to the left accesses the historic Redstone Cemetery. The road to the right is used by ranchers to access grazing permits on US Forest Service property. The two roads come together at this point in order to limit access points on Colorado State Highway 133. Due to the geographic constraints of Highway 133 and the alignment of the existing access roads on the property we are restricted as to the placement of the entry gate and fence. The new gate and fence has been setback 20'-O" further than the previous gate and fence however it is still within the setback. Due to the geographic hardships which existed prior to the Baraneks ownership of the property we would like to request a variance to allow the gate and fence 8 feet from the property line at its closest point. Please consider these additional points as you consider our request. • The Baranek's newly constructed fence and gate is consistent with the historical character of Redstone. 006007 Redstone was founded by John C. Osgood as a coal mining town. Osgood went beyond simply mining and shipping coal. Osgood created a community in Redstone where his workers could lead a balanced life and he could entertain visitors from cities in the East. Many of the buildings and structures in Redstone were modeled after the formal English Tudor style that was popular at the time. Osgood wanted to bring refinement to what would otherwise be a difficult place to live. J � V s .a John C. Osgood commissioned New York City architects Boal and Harnois to design Cleveholm Manor as an opulent Tudor style mansion. The historic buildings in and around Redstone reflect this style. The original Cleveholm Manor Estate was surrounded by gates and wrought iron fencing. Unfortunately much of that fence was removed and sold. The Baranek gate and fence closely resemble that of the Cleveholm Manor Estate. (Photograph attached) • The history of Redstone is important to all who live and visit here. Much effort has been put into the preservation and conveyance of that history. The recently reconstructed coke ovens on 133 are an example of not just Osgood era history but of the mining operations that continued into the 1990's. Residents and visitors alike are interested in learning about the distant and not so distant mining history of the area. South of the coke ovens, 50 feet off the highway, stands a monument to the mine workers who worked in Coal Basin for Mid Continent Resources. Mid Continent Resources operated the Coal Basin mine from 1956 to 1991. A gas explosion in 1981 took the lives of 15 workers. The monument consists of two massive roof support shields and mine fan pedestals. (Photograph attached) In 2011 Pitkin County secured funding and began the restoration of the coke ovens on Highway 133 across from the entrance to Redstone. Four of the roughly 200 bee hive coke ovens were restored to their original condition. The remaining coke ovens and grounds were stabilized to prevent further deterioration. The restoration was important because it helps educate people about the history of the area. (Photograph attached) • The Baranek property has historical significance of its own. The Historic Redstone Cemetery is located on the slope to the north west of the gate above the highway. Town cemeteries were typically located on a south eastern facing slope in order to catch the morning sun. There is a short trail to the cemetery which is surrounded by its original iron gate and fence. The first marked burial was in 1901 and the last burial in 1909. There are approximately 10-15 unmarked graves. More information on the cemetery can be found on the Pitkin County website. The Baraneks have worked to preserve this historical site. (Photograph attached) With the restoration of the Redstone coke ovens complete the Baraneks felt that their ranch style entry gate and fence no longer was appropriate in this historical setting. The old three rail fence and post and beam style entry gate was in place for approximately 12 years. The Baranek's newly constructed fence and gate was built at approximately the same location to replace the old fence and entry gate which was deteriorating. (Photograph attached) The fence and gate in this position is ideal because it allows large trucks room to safely turn on and off of the highway. The open space beyond the gate allows tractor trailer trucks room to load and unload as well as room to turn around. The fence and gate is located at the edge of the meadow at the greatest possible distance from the road. This location preserves the open space beyond the fence in the largest contiguous tract possible which is a goal of the Pitkin County Code. The Baraneks designed and built the new fence and entry gate on their property in the Tudor style that is prevalent throughout Redstone. The Baraneks chose brick and sandstone as a material for the fence because those materials are commonly used in Redstone. The wrought iron gate and the intended wrought iron fence are designed after Tudor ironwork of the turn of the century. While the gate is 8 feet tall the fence itself will be no more than 6 feet tall. (Photograph and drawing attached) 000001 The proposed fence posts are 7 feet tall and the proposed gate posts are 10 feet tall. This is fitting within the architecture that is prevalent throughout Redstone. We request a variance to allow the fence posts to remain at their current height. The Baraneks respect the history and natural scenic beauty of Redstone and the surrounding area. The construction of the fence and gate was done for practical as well as aesthetic purposes. The Baraneks believed that they would be able to reconstruct the new gate and fence in the location of the old gate and fence. The new gate and fence have been setback from the road more than the previous gate and fence and as much as is practically possible. There is a significant amount of development within the 100 foot setback immediately to the south of the Baranek property. The new gate and fence is not out of line with the Coke Ovens that have been recently restored or the Coal Basin Mine Monument that sits 50 feet off the highway. The Baranek gate and fence were constructed with as much care and regard for the community. The Baraneks will continue to maintain their property as well as the Historic Cemetery which is a part of Redstone and Pitkin County. Throughout the lengthy construction process the project was not "red tagged" nor was there any indication that the project was in violation from Pitkin County. The Baraneks have received compliments and support from neighbors regarding the gate and fence. The Baraneks unintentionally violated the height and setback requirements of the Land Use Code. We look forward to working with the County and associated groups to come into compliance with the provisions of the code. We hope that we can find a solution that takes into account other groups interests and preserves the significant work and investment of the Baraneks. Sincerely, Nathan Moffa Representative 0 oo10Q Milan and Eva Baranek 17683 Highway 133 Redstone, CO 81623 Pitkin County Planning and Zoning 130 South Galena Street Aspen, CO 81611 Location: 17683 Highway 133 Redstone, CO Parcel ID #: 272917300022 Owner: Milan and Eva Baranek Representative: Nathan Moffatt April 2, 2013 Dear Sir, We have received notice from Pitkin County regarding the construction of a fence and gate on our property at 17683 Highway 133. Because the fence exceeds the 6 foot height limit and is located within the 100 foot setback we understand we need to go through a special review process. We have hired Nathan Moffatt to process our application for an amendment to our Site Plan and Activity Envelop and Scenic Review. Nathan Moffatt will also be working on our variance requests. Please work with Nathan Moffatt in the processing of our applications. Uce .4 Milan and Eva Baranek 000ni.n March 16, 2013 Regarding Baranek fence and gate: Mr. Baranek worked at least two months last summer constructing the stone piers for his fence and gate. His efforts were observed by all travelers on Highway 133, and all members of the Redstone Historic Preservation Commission. I am told that no Crystal Valley residents complained to Pitkin County. This must indicate at least acceptance by the people who live in this part of Pitkin County. Under these circumstances, I think it would be unfair for Pitkin County to require removal of what Mr. Baranek has built, and I think he should allowed to complete the project. Bill Jochems, Redstone 000011. 398309 B -80c�d -420 12/15/95 12:06P PG 2 OF 3 EXHIBIT A LOT 9 A PARCEL OF LAND SITUATED IN THE SW1/4 AND THESWI /4SEI14 OF SECTION 17, THE NW114NE1/4 AND THE N112NW1 /4 OF SECTION 20, TOWNSHIP 10 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 20, A G.L.O. BRASS CAP IN PLACE; THENCE N 65 °21'48' E 1107.55 FEET TO A POINT ON THE WESTERLY RI - - Y- OFCOLORADOSPA'i� - IUM POINT OF BEGiNNIN4; THENCE ALONG SAID WESTERLY RIGHT -OF -WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 11400.00 FEET AND A CENTRAL- ANGLE OF 03054'20', A DISTANCE OF 777.08 FEET, (CHORD BEARS S 29 °28'27' W 776.93 FEE13 THENC2 CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY S 31025-39- W 40.70 FEET, THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY S 25°35'44' W 78.54 FEET: THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY S 30°27'09' W 71.22 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY S 51015'00' W 166.85 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY S 87041'00' W 203.91 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF -WAY S 29038'30' W 21.34 FEET TO A POINT ON THE CENTERLINE OF COAL CREEK; THENCE LEAVING SAID WESTERLY RIGHT -OF -WAY ELEVEN (IL) COURSES ALONG THE CENTERLINE OF SAID COAL CREEK: 1, N89-14'41"W 7.95 FEET 7. N 41029'24" W 336.90 FEET 2. N 76032'35" W 254.68 FEET 8. N 32018'58' W 196.62 FEET 3. N 76036'57' W 321.09 FEET 9. N 29034'17' W 133.16 FEET 4. N 37051'31" W 73 -25 FEET 10. N 36049'53' W 150.07 FEET 5. N 19042'55' W 253.35 FEET 11. N 82023'18'W 26.74 FEET 6, N 00011'!3' W 125.17 FEET THF_NCE LEAVING SAID CENTERLLNE "752000'06" E 433.43 FEEL; THENCE N 86009'05' E 604.93 FEET; THENCE S 63013'26' E 1212.12 FEET TO THE TRUE POINT OF B . GINNING; SAID PARCEL CONTAINING 44.090 ACRES, MORE OR LESS. COUI.'TY OF PM",iN STATE OF COLORADO Therc :s also conveyed herew:(h, but without warranty, 0 15 CFS of surface water rights from the Redstone Ranch Ditch #149, in Water District #38, Priority 4216A, through the extsung ditch crossing the westerly border of the property herein conveyed. Grantee's responsibility for reconstruction and maintenance of said ditch shall begin at the easteflymost Point that the ditch is maLhtained for urigabon purposes and shall continue onto the property hereby conveyed and include all ditches on Sad property used by the Grantee for irrigation purposes. s a D N 0 W 000na 3 N 4 0n 00 w x x N w w m v z m O r 0 x D v 0 x O 00 O CA m v 0 D m 0 on m 0 m ma v8 2 m G 0 0 0 0 Old Baranek Ranch Gate, 17683 Highway 133 000m.a, � T ;� 7:7 - 4 , r Vol- fro 1- 0 airy � c 1 mot" Baranek Fence and Gate, 17683 Highway 133 00001 C; 0 0 Historic Redstone Cemetery, Baranek Property, 17683 Highway 133 OyIn1I • e Original Entry Gate Pillars and Wrought Iron, Redstone Castle O0001.8 0 0 Original Wrought Iron Fence, Redstone Castle 00001 £i Coal Basin Memorial, Highway 133 00150211 • • A Partially Restored Coke Ovens; Redstone and Highway 133 000021 4 Y • c 1960's Era Coke Ovens, Redstone and Highway 133 if1 ?7 CHURCH OF REDSTONE REDSTONE CHAPEL 213 REDSTONE BLVD REDSTONE, CO 81623 STAN WEIS LLC 402 N SHERRY AVE NORMAN, OK 73069 STIFTER ROBERT F & PATRICIAJ 225 REDSTONE BLVD REDSTONE, CO 81623 SCHUMACHER JUDY M PO BOX 8839 ASPEN, CO 816128839 BIER JEFFREY M & JANETTE R 66% INT 18679 HWY 133 REDSTONE, CO 81623 STAN WEIS LLC 402 N SHERRY AVE NORMAN, OK 73069 RUBINO SALVATORE A TRUSTEE PO BOX 250 CARBONDALE, CO 81623 BARANEK EVA A 17683 HWY 133 REDSTONE, CO 81623 HARKER LOUIS MEADE FAMILY TRUST 1/2 REEVES JOHN A 1/2 5105 W OLD OAK LN HIGHLAND, UT 84003 PITKIN COUNTY 530 E MAIN ST #302 ASPEN, CO 81611 NOV COLOMO INC PO BOX 850 GLENWOOD SPRINGS, CO 81601 STAN WEIS LLC 1899 SADDLEBACK #14 NORMAN, OK 73072 WORLEY WILLIAM J TRUST PO BOX 507 CARBONDALE, CO 81623 Ll `�. ,.n•. ,Iw.e ;.emu. ..... - 3 -.r... ,� '. ..! 4YJC1Ys9e'iriAONHN .. P -241 12/13/93 81 PS 1 OF REC ODC NI, S388256 ILVIA DAVIS CLERK R BILVIR V I3 PITKIN COUNTY 0.ERK L RECORDER 0.00 l RNSOLUVION OF TNN SO)= OF COUNTY COINIISNIOHYI OP PIT[I! . COUNTY COLORADO, URANTINO APPROVAL TO T= PFAHMNTINL LOT 9 1041 NAHIIRD RNVINW i ORHWL HONHiNeION Resolution No. 93- �%•P'�,�, .� . k• K 1. Rr. Walter Pfananstiel (Grapstree Properties), hereinafter -Applicant', has applied to the Board of County 1. =' ' Commissioners of Pitkin County, Colorado, hereinafter "Boards, for approval of 1041 Hazard and General Submission Review for the construction of a single- family residence and a barn. _ 2. The Applicant's lot is zoned AFR -10 and is approximately 44 acres in sire. ! 1. Said lot is described as Lot 9 of the Redstone Unique properties, more specifically described in Exhibit A. - attached. 4. The Planning and Zoning Commission reviewed this , • application on August 15, 1995 and found that this proposal , ._•' -,,, complies with the criteria set forth in the Pitkin County Land Use Code- f_ ". 5. The'BOard heard this application at duly noticed public "r��•: hearings on October 25, November 29 and December 6, 1995, at which time evidence and testimony was presented with respect to this application. 1 +Y _ S. The Board determined that the proposed development meats •- the criteria established in the Land Use Cade. .' 6 NOW, THENNFONL, BN IT RNBOLVED by the Board of County Commissioners of Pitkin County, Colorado that it does hereby grant 4 I , r ,�fY - 00 -onk 4 2 300236 B -&Se P -242 12/13/93 01:33P PH 2 OF 11 1� Y i Resolution No. 95 -_21?L Page 2 approval to the Pfananstial Lot 9 1041 Hazard Review and General Submission application subject to the following conditions: 1. The Applicant shall adhere to all material representations made in the application and in the public meetings. 2. Prior to building permit application, the Applicant shall record a 24 x 16 inch mylor 1041 Hazard Ravi" Site Plan which meets the approval of the Co ®unity Dave lopment Department and County Attorney. The site plan shall include the following 1041 HaZard Review Warning and Disclaimer: -The provisions of these regulations do not in any rimy assure or imply that areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property." The Site Plan shall also include the following: a. The access driveway to the proposed primary building envelope shall be relocated pursuant to the recommendation of the Planning and Zoning Commission (see Exhibit B, attached). b. Building envelopes shall maintain a miniaus 20 foot setback from riparian and wetland areas and shall be so noted on the Sit& Plan. 1. The Applicant shall obtain An access permit from the Colorado Department of Transportation, prior to issuance of a building permit. The access driveway shall Comply with all applicable County road standards. 1. The Applicant shall submit a drainage and erosion Control plan, to be approved by the County Engineer prior to the issuance of a building permit. 6. The Applicant shall Comply with the following Wildlife mitigation measures: a. Dogs arm prohibited. b. Fencing shall be a maximum height of 42 ", 4 strands or less With a 12" kickspaee between the top 2 strands. Any rail fencing shall be the round type, 48", 3 -rail or leas with at least lb" between 2 of the rails. e. All garbage shall be kept within beer -proof garbage containers. The DOW can supply specifications upon 5� 00 ili 25 V ' I J i1 i 5� 00 ili 25 V ' I J i1 388256 B -802 P -243 12/13/93 e1r53P PO 3 OF 11 Resolution No. 98 -= a{ Page 3 request. Horan grain shall be stored and locked to prevent access by bears. '.( d. Horses and livestock shall be fenced within the agricultural building envelops. Horan and livestock grazing is prohibited in the Wetland areas and the Coal - Creak riparian areas. All haystacks shall be fenced With a foot fencing to prevent game damage. a. Native vegetation shall not be disturbed outside the building envelopes, except as required for the access driveway, the bridge, and the implementation wildfire mitigation measures. Any cottonwoods which become a safety hazard could be topped and trimmed while still providing habitat for cavity nesters. Vegetation within the envelopes shall be preserved as much as possible in order to screen the building sites. E. All utilities shall be buried in the access driveway. g. A 100 foot buffer shall be maintained free of development_ along Coal Creek. h. Silt fencing or other equivalent measures shall be used to prevent erosion and siltation of the wetlands during and after the construction. 7. The area around the structures) shall incorporate landscaping with wildfire defensible space considerations as follows: NOTE: Actual vegetation manipulation to meat these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions. a. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. ." :r. b. horizontal shall be reduced to break i the vertical and horizontal Continuity of the teals l minimum of a 30 foot perimeter around a structure built on flat ground. (For mot- greater slopes ref. CBFS safety Zone chart. Page 13, Wildfire Guidelines For Rural Homeowners). C. 9pecing between clumps bf brush and vegetation Within the 30 foot perimeter% shall be a minimum of two times the height of the fuel. maximum diameter of the clumps shall be two times the height of the fuel. All measurements ishall be from the edges of the crowns of the fuel. d. All branches from trans and brush within the 30 foot yyf,. ya„r -_ -_ - Me.e.:t /wes:s.sL...:, i'✓�.r .. "MY:w:trS,_:>sSCa�,✓+�EY3�:6 4 I 0 112 . t I yi •rl,� w 1 388256 B -8e2 P -244 12/13/93 ei:53P P8 4 OF.11 A' fi� V AV Ot�pCl ?7 Resolution No. 95- _e'1.. Page 4 shall be pruned height hegroud and removal of ladder fuels from around trees and brush. e. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above recommendation for removal of of aspen ladder fuels regeneration, have been spacing guidelines shall areas be followed. f. All branches which extend over the roof eaves shall be trimmed an all branches within 15 feet of the chimneys shall be removed. g structures shell bearedn reduced where natural reduction has not already occurred. h. All deadfall within the no foot perimeter shall be removed. for 1 maintenance applicant of the defensible e space vegetation requirements. a. structural Design and Construction Requirements: a. Roofing: 1) (no of w000d Class no sh ke /shingles) Material with no tf let roofs. b. Vents: 1) Vents shall be screened with corrosive resistant wire mesh with mseh 1/4 inch maximum. 9. Prior to issuance of a building permits the Applicant shall provide documentation of an adequate domestic water supply. Quantity Rovitoental Health Department all meat the approval of the n lo. The septic system designed for the site shall meet the approval of the Environmental Health Department. The Applicant shall obtain such approval prior to the issuance of a building permit. il. The Applicant shall obtain a fireplace /woodstove permit from environmental Health Department, prior to the issuance of a 1 r 1 .,4 1� •Z!l H 1 _ .i .1 I....s_.'i,ti'li:aud - r ' . - 5' e,ni:..•w.v..1:z:.StiC�c..t::::k •, . s ..'�'• � _:.ysa.+ 1 � � � r . t' K� r �•�' • • �'1l' sii V� � 1.t M1 .ti ! �. 388256 B -902 P-245 12/13/95 01Z53P PH 5 OF 11 I '? Resolution No. 95 --2[} Page 5 building permit. ' 12. The disturbed areas within the building site shall be revegetated with native grasses to limit water consumption and additional runoff, immediately following project completion. 13. The Applicant shall adhere to the standards of Section 3- __. _ BOS(C) of the Land Use Code as follows- a. Adequate mechanical support shall be provided for cut slopes. , b. Adding water which may decrease slope stability shall be avoided. ' C. Adding weight to the top of the slope shall be avoided. •• d. Disturbed slopes must be contoured so that they can be revegetated. •'� e. Steepening of existing slopes shall be avoided. • f. Confine cuts, fills, grading, and excavation to the ' minimum area needed for construction. 14. The total floor area for all structures on the property shall be no more than 7,500 square feet, as defined in the Land Use Code. ' 15. Expansion, disturbance, or alteration of the historic Hillside " Cemetery is prohibited. 16. Access to the Hillside Cemetery shall be allowed only for those individuals or parties having legitimate cemetery ' business. 17. There shall be no disturbance outside of the building - envelope, including grading, except for wildfire mitigation, _ ' dSt bridge construction, and drivaway improvements. 18. The Applicant shell 'submit plans and specifications for the 'i "' -•i bridge to the County Enginmar and the Planning Office for a approval, prior to the issuance of a building permit. Plans I and specifications for the construction of the bridge shall I be consistent with Department of the Army recommendations (see •_' 11 Exhibits C and D). 19. Dwelling units shall be prohibited in the accessory building envelope. � I I....s_.'i,ti'li:aud - r ' . - 5' e,ni:..•w.v..1:z:.StiC�c..t::::k •, . s ..'�'• � _:.ysa.+ 1 � � � r . t' K� r ' �':'�w:Sd['12t.. • Y.Y., . ...! . 1� 38B256 B -B02 P -246 12113/95 01153P PO 6 OF 11 - • Resolution No. Page 6 y� . ADOPTED ON TUB GTE DAY Of DEOEUS ^ p APPROVED AND BOARD OP COUNTY COMMISSIONS" OP PITESE COUNTY, COLORADO ' - - BY Cyaian eBaal C. Ireland, rm 4 to << 1 ATTEST: Jai ecU aanae and Recorder DOPaty Cl"A -`y APPROVED AS TD CONTEST: , APPROVED AS TO FORM: . �` --�.-� _ C m`7 a "� aay Cindy U°ubaa, Doval °Pment Dirwtor �• " aoha Bly— Community _•- .••;a -i ,9 COUNTY OF PITKIN STATE OF COLORADO 368236 8 -802 P -247 12/13/93 01&53P PG 7 OF It a ?� pl E(MlIT 'A' LOT 9 A PARCEL OF LAND SITUATED IN THE SW 114 AND THE SW 1 /4SEU4 OF SECTION r 71 17, THE NW 1/4NEI/4 AND THE N Ir-NW 1/4 OF SECTION 20, TOWNSHIP 10 SOUTH, i RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, �:.. STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED _ AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 20, A O.L.O. BRASS CAP IN PLACE., THENCE N 65 021'48' E 1107.55 FEET TO A POINT e _ - ON THE WESTERLY RIGHT -OF -WAY OF COLORADO STATE HIGHWAY 133, 3 E ' YIIIlE POINT OF BEGINNING: THENCE ALONG SAID WESTERLY RIGHT -OF -WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 11400.00 FEET AND A CENTRAL ANGLE OF 03 °54'20', A DISTANCE OF 7Ti.08 FEEL, ry (CHORD BEARS S 29°28'27' W T6.93 FEET) THENCE CONTINUING ALONG SAID ' WESTERLY RIGHT -OF -WAY S 31 °25'39' W 40.70 FEET, THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY S 25 235'44' W 78.54 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY 5 30827'U9' W 71:12 FEET; . ' THENCE CONTINUING ALONG SAID WESTERLY RIGHTAF -WAY S 51 °15'00' W 166.85 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -NAY , - S 87 °41'00' W 203.91 FEET; THENCE CONTINUING ALONG SAID WESTERLY ' RIGHT -OF -WAY S 29 °38'30' W 21.34 FEET TO A POINT ON THE CENTERLINE OF COAL CREEK; THENCE LEAVING SAID WESTERLY RIGHTAF -WAY ELEVEN (11) COURSES ALONG THE CENTERLINE OF SAID COAL CRE-=K: ., _ 1. N 89 °14'41' W 7.95 FEET 7. N 41°29'24' W 336.90 FEET 2. N 76 °32'35' W 154.68 FEET 8. N 32 °18'58' W 196.62 FEET 3. N 76 °36'5T W 321.09 FEET 9. N 2914.17- W 133.16 FEET ' 4. N 37'5L'31' W 73.25 FEET 10. N 36 149'53' W 150.07 FEET 5. N 19 °42.55' W 253.35 FEEL' 11. N 82 °23'18'W 26.74 FEET _ 6. N 00 °.11' 13' W 125.17 FEET �' ----" THENCE LEAVING SAID CENTERLINE N 52800'06' E 433.43 FEET; THENCE - i' N 56 -09'05* E 604.93 FEET; THENCE S 63 °13'26' E 121212 FEET TO THE TRUE �. _. POINT OF BEGINNING; SAID PARCEL CONTAINING 44.090 ACRES, MORE OR 1 LESS. 8 ,9 COUNTY OF PITKIN STATE OF COLORADO On3n I i VS On3n vvalr .8 a 388256 B -802 P -248 12/13/93 01,53P PG 8 OF 11 I • I\1 9- ......... • ,[1sMm ).) �•�• .Ouroi. �. \. 30603_ 1 1PA4VAVST /EL Z-07 <I �'M i DEPARTMENT OF THE ARMY i U.S. ARMY vsmremv ommmr, saauses cosre OF i SVORMu urslsnmmr wua.n a AMEMC, CALFeema VMI 'Mn November 22, 1995 Regulatory Branch (199575458) NOV 2 4 )661 Nr. Paul Avant °pEDCS Wright Water Engineers 2490 West 26th Avenue Suits 100 A Denver, Colorado 80211 Dear Mr. Avant: We are responding to your written request dated November 15, 1995, on behalf of Nr. Pfanenstiol, for a jurisdictional determination on Pfanenstiel Lot Parcel in Redstone. The property is located along Coal Creek in Section 17, Township 10 South, Range 88 West, Pitkin County, Colorado. Based on a site inspection by Mr. Michael Claffey of this office on November 8, 1995, we determined that your wetland boundary delineation is accurate with minor revisions. Those revisions wera made in the field during the site inspection. The plan rafarancad below is an acaurata depiction of the limits of pederal jurisdiction under section 404 of the Clean Water Act. The plans are labeled: (No title), Surveyor: High Country Engineers, Date November 17, 1995, Job No. 94668.11. The plans indicate that the purrhesers of this lot will construct a driveway to a single family building envelope across the narraweat portion of the wetland. To avoid direct impacts to the watland, they propose to span the wetland without a discharge a fill material into wetlands. This type of crossing does not require a Department of the Army permit. Your letter requested that we comment on the two building envelopes under consideration and the presence of dads flow events in the Coal Creek basin. The primary building envelope along the hillside is preferable as the riparian corridor along Coal Creek would be maintained to some degree. The hillside envelope is more preferable when considering the chance of a major debris flow event in Coal Creek. Although both envelopes appear relatively safe from normal flooding, a debris flow event could create a now channel in the riparian corridor creating a 'greater hazard for the accessory envelope along the valley floor. 388236 B -a02 P -249 12/13/93 01,53P PD 9 OF 11 of * rK. �1 I >:I iE NOV 2 4 1005 Finance 388256 B -Bee P-. L50 12/13/95 01:53P PB 10 OF 11 This verification is valid for a Pariod of five Years from the data of this letter and is based on information supplied by we you. If that information Proves to be gals* O a as ntact is 9nl Nr ad will adjust Our determimtiou accordingly- Pl number 199575458 to tbis dera..tnation* ea se co. Nichael Claffey and refer to this number if You have any questions 9 or the matter and for permit regoiremects at ' (970) 247 -111199 9 or the address below. Sincerely, Grady L. KCNUraestern Colors Regulatory Northw Chief, Office 402 Road Avenue, Boom 142 Grand 7bnction. Colorado 81501-2563 Copy purnished: Colorado 81611 �pitkin County, 506 East Main street,'ASpen, r ?a n r ( 0 is a 0 000024 Wright Water Engine", Inch: 14JENIMSw"s laaaga —.rs phl re, Vnq M mat FAX 19R4 1P33% rEL Novernber 15, 1995 Mr. Mike Claflay U.S. Army Corps of Engineers, 402 Rood Ai,ezair Room 142 Grand Junction, CO 91501 -2563 R•. Additional information on Planeradel Lot-9 parceL Redstone, Colorado Dew Mike: "t Per your request, we are providing you with the fbilowing Information on the I'llutenstlel Lot 9 Parcel, war Redstone, Colorado (Figure 1). This Information was requested by you at our Nowmba 9, 1995 field mooing. Wetlands were identified on Lot 9, Wang the nlky flow associated with Coal Creek. The wellarill boundary was flagged in the field and surveyed on November Be 1995. The current proposal cl wlopmeor or Lot 9 includes a prinany building envelope, and scoassory building envelope, AM an access mad. The access mad to the prbrwy building envelope will am the wetlands 9 the narrowest mrgirk as she" on Figure 2. Construction of the bridge a this location will be mmp4etBd using pads andlor matting to tainietim ten'POTILrY k"Pacur to wetlemis. Therefore, there will be no impacts to wetlands or other "waters: or the U.S" from the proposed development. Cumnstly, the primary building envelope is located to the hiftside, a she" an Figure 2- The aeensory building envelope is located along the valley floor, also shown on Rpm 2. We are requesting yaw Input regarding potential knpKU to both of these building dowtIDPOS, due to their proposed locations. Also, we would like your coveracras on the potential From debris flows to ebb= of these building envelopes. Thank you for mvirwinli this irdbrorsoloo. We look forward to hearing from YOUL Very Truly Yours. WRIGHT WATER ENGINEERS. INC- By. Paul A� Evelosurell Weiland Scientist PAA2r it �nl • 066635 A) RECEPTIOW.. 563479,1WI312011 at B) 10:09:42 AM, C) 1 OF 6. R $0.00 Doc Coda ADMIN Vnortheast DECISION • D) Janis K. Via Caudill, Pekin County, CO C E) The wildfire hazard is noted as low, and can be mitigated pursuant to the provisions of Sec. 7 -20. -� ADDUNUrRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF ACf1VrrY ENVELOPE AND CS PlTKM COUNTY, COLORADO, APPROVING THE BARANEK and is in close proximity tD mapped elk production habitat. However. the Division of Wildlife limited to the U SITE PLAN REVIEW FOR verified in the field that the severe winter range and whiter concentration areas are toe the v �ApBARN Admirislntive 1)erLioa No. 08 -201>L LU I- '$ 0 $ s RECITALS U CZ i the slope. The Division of Wildlik has agreed that this provides an adequate buffer and will 1) Milan and Eva Bamnek (hereafter "Applicant ") have applied to the Community Development Director --h w ` l S of Pitkin County (hereafter "Director") to establish an Activity Envelope and obtain Site Plan review and the barn is completely screened from the habitat areas In de north by the existing space trees. ia�6. W g O W t: approval to construct a 3,000 square foot barn. In addition, the Applicant proposes to eliminate an dexisting 1z o Accessory Building Envelope. from Highway 133, given the topography and existing vegetation. The bun is sited at the edge of 2) The property is located at 17683 Highway 133, is referred to as Lot 9, Redstone Unique, and is more specifically described in Exhibit A. 3) The parcel contains 44.09 acres and is a conforming size parcel in the AR -10 zone district 1' 4) The Board of County Commissioners ( "BOCCI granted 1041 hazard review and general submission approval for a residence and a barn on the parcel, pursuant to Resolution No. 95 -212. The 1041 site plan was recorded in Plat Book 39 at Page 37, and amended in Plat Book 44 at Page 81. The existing residence was built in 2000. • 5) The parcel is exempt from floor area for up to 4,060 square feet for a barn, pursuant to Sec. 5- 20 -70(i) of the Lend Use Code ( "Code'), as amended by BOCC Ordinance No. 11 -2011. 6) The Director finds that the request complies with the applicable provisions of the Code, as follows: • 066635 A) The activity envelope avoids the too year fknodplain of Coal Creek. B) The activity envelope complies with the required 100' setback from Coal Creek. C) The activity envelope complies with the required 25' setback from an isolated wetland to the Vnortheast of the envelope. D) The activity envelope contains slopes of less than 15%. >ir E) The wildfire hazard is noted as low, and can be mitigated pursuant to the provisions of Sec. 7 -20. � 'Me of the Code. T� parcel is within mapped elk winter range, severe winter range and a winter concentration area, rr��R e and is in close proximity tD mapped elk production habitat. However. the Division of Wildlife limited to the U verified in the field that the severe winter range and whiter concentration areas are toe the v south std southwesteriy facing slopes to the north of the site and do not extend beyond the of slope. Sec. 7 -20-70 of the Code requires a'' /. mile buffer (1,320 feet) between any building or '$ structure and severe winter range or winter concentration area; unless the Division of Wildlife and $ s the County agree that a different buffer is appropriate. The barn is located 1,150 feet from the toe of have CZ i the slope. The Division of Wildlik has agreed that this provides an adequate buffer and will F � R O 11 negligible impacts to wildlife, given that the site is previously disturbed with an existing residence w ` l S and the barn is completely screened from the habitat areas In de north by the existing space trees. ia�6. W g O W t: G) The parcel is within the mapped Scenic View Protection Ares, but the barn will not be visible 1z o from Highway 133, given the topography and existing vegetation. The bun is sited at the edge of • 066635 Administrative Decision No.9Y-2011 Page 1 • the pasture and adjacent to existing mature spruce trees, and, therefore, complies with the Rural Character Guidelines for building location. H) The previously approved Accessory Building Envelope will be abandoned, since it does not comply with the currently requited wetland and stream setbacks. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest 1. The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The conditions of BOCC Resolution No. 95 -212 shall remain in full force and effect, except as amended herein. 3. Prior to submission of a building permit application for the barn, the Applicant shalt be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. The Site Plan shall be amended as follows, prior to submission for recordation: A. Include a note on the plat that specifies that the existing mature spruce trees to the northeast of the barn shall not be removed. 4. The parcel is exempt from floor area for up to 4,060 square fed for a barn. 5. Prior to issuance of a building permit for the barn, the Applicant shall: • A. Submit a covenant to the Community Development Department for approval and recordation. The covenant shall specify that the exempt floor area for the bammay only be used in association with the raising, producing or keeping of plants or livestock, or cultivation and management of other crops or farm products, and that any area not consistent with those uses would count as floor area. The covenant shall allow the County to inspect the barn at any time for compliance with the specified use limitations, subject to the provision of reasonable notice to the property B. owner. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. All historic and natural drainage patterns shall be maintained. C. Submit a construction management plan for review and approval by Planning/Zoning. D. Provide proof of an adequate water supply (in terms of quantity and availability}, if applicable. E. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes and landscape plan. • 6. Areas disturbed by construction shall be re- vegetated within one growing season of the project's completion. 7. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to Admfnistralive Decision No. ' ( -2011 Page 3 • meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): l) Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 That perimeter around the structure. 3) Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the W. 4) All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 fed above the ground and ladder fuels from around trees and brush shall be removed. 5) Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. 6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7) The density of fuels within a 100 foot perimeter of the structures shall be reduced. 8) All deadfall up to a 100 foot perimeter shall be removed. 9) No new conifer trees shall be planted within 10 feet of a residence. 10) No flammable mulches shall be placed within two feet of a residence. 11) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the building code. Wood shakolshingle roof coverings are prohibited. Roofs with less • than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the approved building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Additional wildfire mitigation standards: • 000037 1) Vents shall be screened with corrosive resistant wire mesh with mesh '''A inch maximum. 2) Roofs and guners shall be kept clear of debris. 3) Yards shall be kept clear of all litter, slash, and flammable debris. 4) All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. 5) Swimming pools or ponds shall be accessible to Fire Department vehicles. 6) Fences shall be kept clear of brush and debris. 7) Wood fences shall not connect to the structure. 8) Fuel tanks shall be installed underground with an approved container. Adrninit"i a Decision No. -2011 Page 4 • 9) Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the strucuas with standard defenstbke space vegetation mitigation around any above - ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hoar fire- resistive construction on the exterior side of the walls. 10) Each structure shall have a minimum of one to pound approved ABC fire extinguisher placed in a visible and accessible location. 11) Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a noncombusnbke post. 12) New utility lines shall be buried within the driveway. S. The Applicant shall comply with the following conditions regarding wildlife: A. The existing mature spruce uses to the northeast of the barn shall not be removed, as they screen the barn from the wildlife habitat areas to the north. Any tree in this area that falls down or is removed due to disease shall be replaced with one or more trees with total DBH at least equal to the caliper of the tree removed. B. Manipulation of vegetation outside of the activity envelope is prohibited, except as necessary to comply with the wildfire hazard mitigation measures. C. Fruit bearing trees and shrubs shall be prohibited. D: Trash/garbage shall be kept in an approved bear resistant container or enclosure as required by the County's Wildlife Protection Ordinance. E. Construction workers shall be prohibited from bringing dogs on -site. F. Fencing shall comply with the following, except for fencing immediately adjacent to the buildings to contain pets or livestock: I ) Mesh or woven wire fences are prohibited outside of the building envelope. • 2) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (19) inches between the lower two (2) rails. 3) Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. II 9. No development shall occur outside of the approved activity envelope, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. 10. prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the cornets of the activity envelope and install construction fencing around the construction site within the perimeter of the envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 11. No calculations for height, bulk, setbsck size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit Any structures represented in the application may not be permitted under building and zoning regulations. 12. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 000038 R_ f A &nwistrative Decision Na2011 Page S • 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions ad forth in ted County Lend Use �C�od�e�,t,§, �2-�20-170 and C.RS.,124-68 -105. The statutory vested rights gran herein "I expire on 1e:o'-A` ._, 2014. • NOTICE OF PUBLIC HEARING PUBLISHED IN THE ►cPFN T=S WEEKLY on the 28" day of August, 2011. ,. APPROVED by the Director, this � day of QCLQb s —, 2011. PUBLISHED AFTER ADOPTION FO=RD REAL PROPERTY RIGHTS in the &w T W kbt on thegj day of 011. Cindy Houben, Community Development Director PiD022917300022 P062 -11 000039 • F- I L • 000114n 389309 8 -80n -r20 12/13/93 12te6P P6 2 OF i A PARCEL OF LAND =DATED IN THE SW I!4 AND THE SW 114SEU4 OFlS SECTION i. 17, 77IB 14W MSS O 4 AND THE N1 AL bWMIAN,, COONr1' RANGE 86 WEST OF'THB� PARCEL REM MORE PARTICULARLY DESCRIBED STATE OF COLORADO: AS FOLLOWS: CObmtENCONG AT THE NORTH QUARTER CORNER OF SAID SECTION T A A • A ... 14CM rav lAi PLACE TLIENL'E N 6S '21'48' 81307.33 F?EQif TO A FOR4T ON T�T1U210E AIANG SAID WES�I'Y yu-OF•wAi THE VETOTEERIGHTHAVINGARADIUS�11400 .00 ALONG FEET AND A CENTRAL ANGLE OF 03'34'20'. A INSTANCE OF 777.08 FEET'._ INUING ALONG (CHORD BEARS S 29°28' S 31'13' FEET x-70 FEEL MENCE CON17� p'ESTERLY RIGHT-OP-WAY RIGHT-OF-WAY S 73035'"' A 76.54 FE61, THENCE ALONG SAID WESTERLY WpgTgRI,Y BIGHT-0F -WAY S 30°27'09' W 71.72 FE91 CONTUMMO .ONI7NOIIf0 ALONG SA1DA SPRIG WESTERLY WAY SS 61041'00" WTl�CH COTiTH40IBG ALONG SAID WESTERLY 203-91 FEET: TEEw2 RIGHT -M WAYS SW Y �-0OF -WAY ELEVEN (I COAL. CAFE: CENTERLINE OF SAID COAL CREM COURSES ALONG THE 7. N 41'2974" W 336.90 FEET 1. N 89'14'41' W 7.95 FEET 8 N 32 "l6'S8' W 196.62 FEET 2. N 76032135' W 254.68 FEET 8. N 29034.17' W 133.16FEET 4. N 76°36'3►' W 32 3.2 FEET 10. N 36'49'53' W 130.07 FEET 4. N 37'31'31' W 73.25 FEET 5. N l9'42'55' W 733.75 FEET 11, N 82023.15 -W 26-7412M 6. N 00'11'13' W 125.17 FEET SAID CEN THENCE LEAVING TERLnE S2 N''00'06' E 435.43 FEET: THENCE N 86'09'05, E 604.93 FEET: •D(yNl+ CE S 67813'26' E 1212.12 MMUEUGH9M SAID PARCEL. CONTAIMDIG "'090 ACRES'MORE OR LESS. COUNTY OF PrTRiN STATE OF COLORADO .There is "conveyed hetawitll, but widtcut werraNY. 0. i5 CFS of wrfaoe vats r'8hts frCt9 the ply" cone ed h /149, in Wata DLviR 178. Pdm* 1216A. dt OdO dte aisf'n8 ditch etoasioe wmlerlY lwrder of the F oP°NY heraa conveyed. Gtaetee'a for raaesttt� and 104�°m °� said ditch mill be6m >� � the property hacby conveyed and uctude an ditches ProPert7' used by d� Otantee for itdPdpe PurP°sa RECEPTIONS: 5!11313, 0417/2012 at 01:38:16 PM, 1 OF 3. R 10.00 Doc Code ADMIN DECISION Janice K. Vas Caudill, Pitkin County, CO AD DECLSION OF THE COMMUNITY DEVELOPMENT THE BEK S> I E P1TKIN COUNTY, COLORADO, REVIEW AOA�ME ' Administrative Decision Na�a 2012 RECITALS 1) Milan and Eva Baranek (hereafter "Applicant ") have applied to the Community Development Director of Pitkin County (hereafter "Director') to amend the Site Plan to shift the barn to the northeast, but still within the previously approved Activity Envelope. 2) The property is located at 17683 Highway 133, is referred to as Lot 9, Redstone Unique, and is more specifically described in Exhibit A- 3) 4) 5) 6) 7) 1 parcel contains 44.09 acres and is a conforming size parcel in the AR -10 zone district The Board of County Commissioners ('BOCC") granted 1041 hazard review and general submission approval for a residence and a barn on the Parcel, pursuant to Resolution No. 95 -212. The 1041 site plan was recorded in Plat Book 39 at Page 37, and amended in Plat Book 44 at Page 81. The existing residence was built in 2000. The Community Development Director granted Activity Envelope and Site Plan Review approval for the barn, pursuant to Administrative Decision No. 88 -2011. The Director finds that the proposed new location of the barn is acceptable and provides an adequate buffer from the nearby elk severe winter range and winter concentration area, given the existing disturbance on the site and the screening provided by the mature spruce trees to the north of the barn. The District Wildlife Manager for Colorado Parks and Wildlife agrees that the barn will have limited impact on wildlife in the proposed location. The Director further finds that the Site Plan is otherwise unchanged from the previously approved Site Plan, and complies with the applicable provisions of the Code, as stated in Administrative Decision No. 88 -2011. APPROVED by the Director, subject to the following conditions, which shall mn with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The conditions of BOCC Resolution No. 95 -212 and Admimstrabve Decision No. 88 -2011 shall remain in full force and effect, except as amended herein. 3. Prior to submission of a building permit application for the barn, the Applicant shall be required to an submit for approval by the County Attorney and Community Development a Site; la ti with Manual Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and 000 A4t Adminis&afive Decision No. --�2012 Page 1 Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. The Site Plan shall be amended as follows, prior to submission for recordation: the existing mature spruce trees to the north of the barn A. Include a note on the plat that specifies that shall not be removed. two Plan for Q- Prior to issuance of a building permit for the bath, the Applicant shall submit i tree ma n p noes any trees in excess of 6" DBH removed within the Activity Envelope. the existing mature sptttce to the north of the bath shall not be removed, as they screen the bath from the wildlife habieetat�areas to the north- Any tree in this area that falls down or is removed due to disease shall be rep with one or more trees with total DBH at least equal to the caliper of the tree remove& this may of �) 2012. APPROVED by the Director, �Z-- Cindy Houben, Community Development Director pM72911300022 P020 -12 000042 388309 B -00: 420 12/13/95 12r06P PG 2 OF 2 `" EXH BTT A LOT 9 A PARCEL OF LAND SITUATED IN THE SWl /4 AND THE SW 1 /4SE1/4 OF SECTION 17, THE NWI 14NE1/4 AND THE NI/2NWI /MERIDIAN, COQ �• RANGE 88 WEST OF THE SIXTH PRINCIPAL YAg,TgCUIaRLY DESCRIBE Mon STATE OF COLORADO: SAID PARCEL DOO.'TG AS FOLLOWS: COMMMCE40 AT THE NORTH QUARTER CORNER OF SAID SECTION A A O.L O. HRASS CAP IN PLACE; THENCE N 63 °21'48' E 1107.53 FEET TO A POINT ON THE WESTERLY RIGET-0F -WAY ALONG SAID �WESIFALY GAT OF -WAY mm LLONG THE ARC OF A CURVE TO THE RIG1T HAVING A RADIUS OF 11400.00 FEET AND A CENTRAL ANGLE OF 03°54'20'. A DISTANCE OF ALONG SAID (CHORD HEARS S 29°28`27' W 776.93 PEETI THENCE WESTERLY RIGHT -0F - Y RIGHT-OF-WAY S 23°33'µr W �T ��CB ALONG SAID WFSIFAI. Y RIGHT -0F -WAY S 30°27'09 W 71.22 FEET; CONTTNI7ING ALONG SAID WESTERLY RIGHT -0F -WAYS 51 °i3'00' W THENCE CONTWO14G ALONG I(TI�AI�O A SAID WESTERLY RIGHT -0F -WAY 166.85 FEET: THENCE _ S 87 °41'00' W 20!.91 FEET; THU= CONT114UINO ALONG SAID WESTERLY COAL CREEK; S 2NCE L0' VING SAID WESTERLY MM-00E-WAY ELEVEN O1) COAL CREEK; ALONG THE LEA OF SAID COAL CREPE: COURSES ALONG THE CI 7.95 FEET 7. N 4192924" W 336.90 FEET 1. N 89 °14'41' W 7.93 FEEL S. N 32°l8'58' W 196.62 FEET 2. N 76032'35' W 254.65 FEET 9. N 29°34'17° W 133.16 FEET 3, N 76°46'57- W 321.09 FEET 10. N 36'49'53' W 150.07 FEET 4. N 37 °51'31' W 73.25 FEET 11. N 82°23' 18-W 26.74 FEET 5. N 0042.55- W 253.35 FEET 6. N00°11'13'W125.17FEET THENCE LEAVING SAID CENTERLINE N 52°0006' EL2.12 PEST T'I� N 009,05, E 604.93 FEET; THENCE S 63 013'26 - E 1212.12 FEET 7'O M POTEr OF HE 2ffl a SAID PARCEL CONTAINING ".090 te A' LESS. COUNTY OP PTTKIN STATE OF COLORADO Then is also conveyed herewith, but without warranty, 0.15 CPS of surface water rights from the Redstone Ranch Ditch 1149, in Wrier District /381 Priority R16A. through the existing ditch crossing �e `may border of the pnPeny herein conveyed. Ofaatee's reapOns81i1i4 for recoostrtkuon and roviamrtance of said ditch shall begin at the astedymost poist 6W the ditch 1s maintained for irrigation pmaintained d"continue onto the property hereby conveyed and include all diWhCs On Said p Warty used by Gtantm for imgation purposrL oUCi]O8 oo0043 UNE TABLE uxc tF]ta, rumx u am s mz'a' r u ]ns. s yv'w• x u n.0 s xerw' w u teem s av'ao• x u mast s e]vYOO' . u n.ax z mrx u nn x ev�.'a• r 12 ]1y n aT.t ]t' w u fat] xamt'+Y w ua +m.m x xw'eY w yox x mrtr w PID 1 2729-173-00 -022 PROPERTY DESCRIPTION LOT 9 BARANEK: AMENDENT TO SITE PLAN AND ACTIVITY ENVELOPE / �m11011��1 r 41���INIIIO� D ♦ PIA.S O..I��NYYY fN.11a M M m7..VD M SWj»j Q S'llal It. M MWj�.x NL M ak/aN 6 9ECIMM E1 NMai le mI1M INMa ! epT 6 M TtM PIaOAt I[1mMl aY,T 6 A1xK 6,11E R NYi/O4 EM P.MS ®q MI[ PMINM PfYiRD M rvupxa (J 1l 0d4 Io31:.T ]. x .I 21 w a0m DEFT o � ara'aai'eis°rY i issw � x "M51:r'e.74 rim Mar. 27, 2013 TAT 9 44.090 Ac. t �� ....... , r� x -nxmm / S I a / / It 1 \ 61 a 11 P61E SITE l' = 100' Yd DUSTING GRAVEL DRIVE II 1 1 1 1 E)0877NS j � ROADD8 1 ROAO � 1 I I 1 1 OWNER'S ACKNOWLEDGMENT Tm appxmm ea le•l.aP® tlim m /em Iw men I]tNnien Dy PNM1t ca.11y a m. a y.. m emllmnwnlel n.ma •em nix nlgm ilea m. sap d x% Irtpo.•IMnu..na n» im .,a am4xi�Y n]eAa. Tm p,vAxan6 a xw Pintln OuuxY tapwenore Eo ]xx h eny wry emus a imply mx atm a,Mlm a am emamme namrn some a1x m Mae rla,i mfartb, m Nx epprwed mNxxlan immures »+ atamaew Va sexy a e]y aePan. Mlles Be.r . Or Cal• COMMUNITY DEVELOPMENT DIRECTOR TMe AC.* Env . eon axe Poll me men revbnen end mpd ny us Pxkin Caany CpmmetRY Dmxagtxxtl Dleaaoy lnN_ Nay a 2013, eeWea m ComnuMy DexxeP6ne]4 Depxmta• AGminiffieUn Daaxm No. Ram]tlM m Rampxm Nn Dnaao CLERK AND RECORDER ACCEPTANCE FOR RECORDING TN6 Ac" are S Plal Im MIx a. WAd b nxn9 m me Offi • • a Vie Gxk 2013, h PM S _ x PIP —= RMPp Na — Clerk aM RmOx SO& NOWEXCLUS VE ESMT. / BM2 \PG419 / DOBTRx1G / RANCN FENCE / PROPOSED / FpxCE PROPERTY UNE 1 I 1 1 / PROPOSED 1 1 / GATE S) 1 / 1 / A. PROPOSED Ov / ED GE OF PAVEMEM / /LIMITS OF 100 YR / FLOODPEAIN / J ACTIVITY ENVELOPE PLAN SCALE, t' = 20' PITKIN C UNTY COMMUNITY DEVELC MENT Permit Receipt RECEIPT NUMBER 00033872 Name: MILAN T & EVAA BARANEK Project Address: 17683 HWY 133 Type: check # 1257 Permit Number 0007.2013.PBOA 000045 Fee Description PP- Board of Adjustment Fee Total: Date:4/10/2013 Amount 1,296.00 1,296.00 LINE TABLER LINE LENGHT BEARING L1 40.70 S 31'25'39" W L2 78.54 S 2535'44" W L3 71.22 S 30'27'09" W L4 166.85 S 5115'00" W L5 203.91 S 87'41'00" W L6 21.34 S 29'38'30" W L7 7.95 N 89"14'41" W L8 73.25 N 37'51'31" W 1..9 125.17 N 0011'13" W L10 13116 N 29'34'17" W L13 150.07 N 36449'53" W L14 26.74 N 82'23'18" W LIMITS OF 100 YR FLOODPLAIN ,. TRENCH ESMT. REC {398798 < C14 9 e c � r� y �. �, � > � �•1 � any. �, a r "w• DESCRIPTION LOT 9 PUBLIC SERVICE.ESMT.- (BK 187 \PG 288). . PLAN AND ACTIVITY ENVELOPF I l 3 n F . vl&*4 . . . . . . . . . . . . . s e NORTM EXIS71W SGILDNG ENVE J& ws +roza'�e" ,� ............. .'. VYE1'IJnN ..'.'.'.'..' h .^''.M.. ^. N 86'09'05" E+ >�r I A PARCEL OF LAND SITUATED IN THE SWy4 AND THE SWy4SE%4 OF SECTION 17, THE NWy4NEy4 AND THE N,�NWy4 OF SECTION 20, TOWNSHIP 10 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULAR DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 20, A G.L.O. BRASS CAP IN PLACE; THENCE N 65'21'48" E 1107.88 FEET TO A POINT ON THE WESTERLY RIGHT -OF-WAY OF COLORADO STATE HIGHWAY 133, THE POINT OF BEGINNING, THENCE ALONG SAID WESTERLY RIGHT -OF -WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 11,400.00 FEET AND A CENTRAL ANGLE OF 3'54'20 ". A DISTANCE OF 777.08 FEET. (CHORD BEARS S 29'28'27" W 776.93 FEET) THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY S 31'25'39" W 40.70 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY S 25'35'44" W 78.54 FEET, THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY S 30 "27'09" W 71.22 FEET. THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY S 51 °15'00" W 166.85 FEET, THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY S 87'41'00" W 203.91 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT -OF -WAY S 2938'30" W 21.34 FEET TO A POINT ON THE CENTERLINE OF COAL CREEK, THENCE LEAVING SAID WESREERLY RIGHT -OF -WAY ELEVEN (11) COURSES ALONG THE CENTERLINE OF THE SAID COAL CREEK; 1. N 89'14'41" W 7.95 FEET 7. N 41'29'24" W 336.90 FEET 2. N 76'32'35" W 254.68 FEET 8. N 32"18'58" W 196.62 FEET 3. N 76'36'57" W 321.09 FEET 9. N 29'34'17" W 133.16 FEET 4. N 37`51'31" W 73.25 FEET 10. N 36'4953" W 150.07 FEET 5. N 19'42'55" W 253.35 FEET 11. N 82'23'18" W 26.74 FEET 6. N 00'11'13" W 125.17 FEET THENCE LEAVING SAID CENTERLINE N 52'00'06" E 433.43 FEET; THENCE 604.93 FEET; THENCE S 63'13'26" E 1212.12 FEET TO THE POINT BEGINING; SAID PARCEL CONTAINING 44.090 ACRES, MORE OR LESS. mar. 27, 2013 4%b Ex�anNG GRAM LOT 9 / R�V4u ClVBf�HP 44.090 Ac. . . . . . . . . . ,.. a cw aLOrE "WETLANDS .. I I1� .✓Rona Y � 3 "54'20" I L =7740 G ji CB= S 29.28'27" W I C = 776.93 awa*,x" • ' ' ' ' . .. ... ..'.'.'. "� HISTORIC CEMETERY 50.0' NON- EXCLUSIVE ESMT. / \ BK- EXCLUSIV 1P 4 q MEMAY tD / "4`" \0p � ' � EXiei'ITiNG V 11 ° 1 Q0r EDGE CF PAVEMC^Mf rr000 9 LIMITS OF 100 YR FLOODPLAiN OWNER'S ACKNOWLEDGMENT The applicant acknowledges that he /she has been informed by Pitkin County of the existence of environmental hazard areas that might affect the property, any improvements, and the use and occupancy thereof. The provisions of the Pitkin County regulations do not in any way assure or Imply that areas outside of the designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safty of any property. Milan Beranek , Owner Date COMMUNITY DEVELOPMENT DIRECTOR This Activity Envelope and Site Plan has been reviewed and approved by the Pitkin County Community Development Director this day of 2013, subject to Community Development Department Administrative Decision No. Recorded as Reception No. Director This Activity and Site Plan has been accepted for filing in the Office of the Clerk and Recorder of Pitkin County, Colorado, on this day 2013, in Plat Book at Page., as Reception No. Clerk and Recorder !! 50.0' NON - EXCLUSIVE ESMT. , BK802 \PG419 - - --� / SCALE: I" = 20' EDGE OF PAVEMENT s'